Practice Areas

Heney & Associates, LLC

Attorneys at Law

86 Dodge Street, Beverly, MA 01915
Tel: (978) 921-1050
Fax: (978) 921-7877
reception@heneylaw.com

Our Specialized Practice Areas

Business Law

Our attorneys regularly assist individuals form and maintain various business entities such as corporations, limited liability companies (LLCs), limited partnerships (LPs), general partnerships, and sole proprietorships. We will discuss with you the pros and cons of each choice of entity and help you to select the most appropriate choice for your venture. We will assist you in the preparation of documents for business formation and operation (including Operating Agreements and Stockholder Agreements). Our corporate planning efforts will also include future provisions for succession planning, amounts and timing of capital contributions, rights to participate in subsequent equity infusions and loans, corporate governance, transfers and transfer restrictions, buy/sell rights and obligations (including the events permitting or requiring buy-outs, the amount to be paid to a person being bought out, and the funding and timing of buy-out payments), and the rights to cause and participate in the sale of the business. Our corporate department also regularly counsels clients regarding the maintenance requirements for various business entities. In order to maintain limited liability, the Secretary of the Commonwealth requires many types of business entities to comply with “corporate formalities” including the holding of an annual meeting and the filing of an annual report.

To discuss your specific needs, please contact Attorney Heney (reception@heneylaw.com) or call (978) 921-1050.

Real Estate Transactions

Heney & Associates, LLC represents clients in all aspects of commercial and residential real estate transactions and understands that the purchase and sale of real estate is often the largest transaction of an individual’s lifetime. Members of the firm have extensive experience representing buyers, sellers, and lenders in both commercial and residential transactions, providing unparalleled representation and personal attention to help you navigate the complex real estate laws in your state. The firm has experienced full-time legal assistants on staff to assist our attorneys and our clients in their real estate transactions.

PURCHASE & SALE AGREEMENTS
When purchasing or selling a home, the parties enter into what is known as a purchase and sales agreement, (or “P&S” agreement) that is executed by the parties explaining what each other’s rights and obligations are regarding the sale of the property.
Like any major contract, you should have the P&S reviewed by an experienced attorney. Once the P&S is signed, both parties are legally bound by the terms of that document. While you might think that the P&S is clear on its face, it may contain provisions that may be unenforceable or create more liability than expected. Heney & Associates, LLC is qualified to draft and review purchase and sale agreements to ensure that the contract is fair and reasonable.

BUYER’S REPRESENTATION
Even after the purchase and sale agreement is executed is it important to have an attorney representing you and your needs. Problems can arise during the closing process, which if not dealt with properly could put your deposit money at risk, delay, or even cancel your scheduled transaction. Heney & Associates, LLC can work with you, your realtor, and your lender to ensure that you get into your new home on time.

SELLER’S REPRESENTATION
The seller of real property has many obligations that must be met prior to closing. Heney & Associates, LLC can provide mortgage payoffs, quiet any title matters which may delay your sale, prepare the documents necessary to convey the property, and review the settlement statement prior to closing.

LENDER’S REPRESENTATION
If you plan to obtain financing from a commercial lender for the purchase or refinance of real estate the lender will require an approved attorney to conduct the loan closing. The closing attorney represents the lender in this transaction to ensure that any outstanding title issues do not encumber their collateral lien. Heney & Associates, LLC is approved to close your loan by over forty local and national lenders. If we are not currently on the list of approved closing firms for your preferred lender, please contact us so that we may take the steps necessary to be added.

CONDOMINIUM CONVERSION:
Condominium Conversion have become very popular in Massachusetts. If you are interested in taking your current multiple family home into individual units for sale, we are here to help guide both individual sellers or developers with the process. Services will include drafting Master Deed, Declaration of Trust, By-Laws, Budget, Unit Deed and 6D Certificates along with review of site and floor plans with your engineer as well as guiding you through any zoning compliance.

If Heney & Associates, LLC is currently working with you on a real estate transaction click here to access our online forms.

Real Estate Helpful Links

Buyers/Borrowers Information »
Sellers Information»
The Closing Process »

Owners Title Insurance Information Reasons why to Obtain Owners Title Insurance

Land Use & Zoning

We have the knowledge, experience, and relationships to help our clients successfully develop both residential and commercial properties. We understand that developing a real estate project from conception through completion requires knowledge of the law, as well as strategic thinking and the ability to communicate and coordinate with public officials, neighbors, and community leaders. Based upon our experience and local knowledge, we work with our clients to identify potential issues before they arise and formulate effective strategies to earn the support of all stakeholders, including all necessary boards and commissions, local officials, abutters, and the community.

LEGAL ANALYSIS
Real estate developments often involve complex legal and regulatory considerations at the municipal and state level. We help our clients to understand the legal landscape and to develop proposals which maximize use and minimize delays and costs.

STRATEGIC COMMUNICATIONS
We understand the need to effectively communicate with key stakeholders throughout the development process. We help our clients to develop successful projects by engaging local officials and community leaders early in the process and by incorporating their input into the proposal. We also seek constant feedback from stakeholders so that our clients can be aware of and quickly and properly respond to any emerging issues. Our local knowledge and relationships help our clients to develop better projects, build long-term allies, and contribute to the social and economic well-being of the community.

COMMUNITY OUTREACH
Projects that are built with the input and support of the community are more likely to be successful. We work closely with abutters, neighbors, and others in the community to build consensus and help our clients to develop and tailor their proposals for approval. By facilitating the relationship between the developer and the community we help our clients to anticipate issues and avoid legal challenges.

ZONING & PERMITTING APPEALS
We have extensive experience representing clients on appeals from decisions of local planning boards and zoning boards of appeal. We understand the complex procedural and legal issues involved in such appeals and use that knowledge to aggressively pursue prompt resolution so that our clients can proceed.

To discuss your specific needs, please contact Attorney Heney (reception@heneylaw.com) or call (978) 921-1050.

Land Court Litigation

The Land Court is a specialized division of the Massachusetts Trial Court System charged with the task of deciding cases involving real property. The Land Court has exclusive or concurrent jurisdiction over a wide variety of land use matters including zoning, subdivision, condominium law, adverse possession, property registration, eminent domain, real estate tax liens, and quiet title matters. The Land Court is located in Downtown Boston and hears all specialized real estate cases within the Commonwealth.

MASSACHUSETTS LAND REGISTRATION SYSTEM
In Massachusetts, disputes over title are resolved by filing a petition with the Massachusetts Land Court. The Land Court Justices are also responsible for answering questions of first impression pertaining to real estate within the Commonwealth. A property owner may resolve disputes by registering his land with the Court, which then examines title to the property. After this search is completed, the Court issues a new certificate of title, which includes reference to all encumbrances on the property. The Land Court has exclusive jurisdiction over this registration system. Heney & Associates is uniquely qualified to assess your claim and file this petition on your behalf.

MISSING DISCHARGES
In Massachusetts, many commercial and residential real estate transactions are delayed or cancelled due to undischarged mortgages. If a mortgage has been paid off, it may be discharged by locating the mortgagee, executing a proper discharge, and recording it with the appropriate Registry of Deeds. If the Mortgagee cannot be located to sign the discharge, the landowner must resort to filing a petition in the Land Court to quiet title. If the mortgages in question are twenty years old or greater, the land owner may file a complaint under M.G.L. Chapter 240, § 15 (the "OldMortgage Statute") to have them discharged by judicial decree from the Justices of the Land Court. Heney & Associates is competent to file such a petition or complaint on your behalf.

PARTITION ACTION / CO-OWNER FORCE OF SALE OF PROPERTY:
What can be done if one party wants to sell but the others refuse? In Massachusetts, you cannot be forced to own real property against your will. The law provides a solution; property can be partitioned under MGL chapter 241. The person wanting out of the ownership can file a Petition to Partition. Prior to filing a Petition for Partition action Heney and Associates, strongly recommends that all out of court settlement options are exhausted.

Chapter 241 of the Massachusetts General Laws (the “Partition Statute”) governs petitions for partition. Pursuant to Section 1 of the Partition Statute, “Any person, except a tenant by the entirety, owning a present undivided legal estate in land, not subject to redemption, shall be entitled to have partition.” “At bottom, the purpose of partition proceedings is to balance the rights and equities of the parties concerning the property at issue.” Gonzalez v. Pierce-Williams, 68 Mass. App. Ct.785, 787 (2007). Section 25 of the Partition Statute confers upon the court “jurisdiction in equity over all matters relating to the partition, and, in case of sale, over the distribution of the proceeds thereof; also to hear and determine all matters of accounting between the parties to the petition in reference to the common land . . . .”
“The task of a court in partition proceedings is to make the portions of the parties ‘just and equal,’ that is, ‘just and equitable.’” Sanborn v. Johns, 19 Mass. App. Ct. 721, 724 (1985) quotingBatchelder v. Munroe, 335 Mass. 216, 218 (1957). The “equality is not absolute but is an equality according to the respective rights of the parties.” Batchelder, 335 Mass. 216 at 218. “Nor are the parties bound by the record title. It is open to them to show different beneficial interests.” Sanborn, 19 Mass. App. Ct. at 724; See also Asker v. Asker, 8 Mass. App. Ct. 634, 638 (1979). “Accordingly, the choice of charges to be made and their allocation varies according to the circumstances . . . and the judge is given considerable leeway.” Sanborn, 19 Mass. App. Ct. at 724. However, “that leeway is not boundless.” Canepari v. Pascale, 78 Mass. App. Ct. 840, 844 (2011).
You need experienced legal counsel to help you protect your rights and advocate on your behalf. The Petition to Partition can be filed at the Probate and Family Court in the county where the property is located, or at the Massachusetts Land Court. Attorney Heney has filed appearances in more twenty-five Petition for Partitions and helped numerous owners handle their ownership issue without court involvement. In 2021 Attorney Heney was appointed to be a Partition Commissioner by the Massachusetts Land Court.

To discuss your specific needs, please contact Attorney Heney (reception@heneylaw.com) or call (978) 921-1050.

Recent Partition Actions

Estate Planning & Probate Administration

Our estate planning department creates tailored solutions to the individualized needs of our clients. Our approach begins with a review of any estate planning our clients may have already accomplished. From there, our attorneys facilitate fact finding and review the goals and objectives of the client to design solutions appropriate for each case.

Whether the need is served by a simple will, durable power of attorney, and health care proxy, or necessitates drafting of other documents, such as pour-over trusts, irrevocable life insurance trusts, qualified personal residence trusts, family limited partnerships or other documents, our attorneys work closely with the client and other advisors. The staff of attorneys at Heney & Associates, LLC, understand the importance of the decisions our clients are making and take the time to explore all of the options available to them.

Furthermore, the probate administration process requires careful attention to detail, a thorough knowledge of the law and compassion and concern for all those involved in the process. Our Attorneys can handle the probate process and the distribution of assets with the necessary care, accuracy and professionalism required to make the process as seamless as possible. We will file the appropriate documents with the court, help you obtain a tax identification number, establish a bank account, and guide you through the accounting and inventory process.

To discuss your specific needs, please contact Attorney Heney (reception@heneylaw.com) or call (978) 921-1050.

More on Estate Planning »

View the estate planning questionnaire »

Personal Injury

Since 2001 we have helped clients succeed. We're here for you and at times your legal needs are beyond the scope of our practice. We take pride in doing what is best for our clients. At times what is best for the client is helping the client find another attorney. We have several good Personal Injury attorneys in our referral network. If you have been hurt or injured please give us call. We will work with you to find the best attorney for your specific needs.

To discuss your specific needs, please contact Attorney Heney (reception@heneylaw.com) or call (978) 921-1050.